Ann Phelan (Carlow-Kilkenny, Labour)
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To ask the Minister for Education and Skills if clause 2.9 in his Department's guidance notes regarding cooperation with trade union officials will be strengthened and enforced to increase compliance with the Registered Employment Agreements for the Construction Industry; if evidence of non-compliance is provided by trade union officials, if his Department will investigate independently of the National Employment Rights Authority as provided for in clause 5.3.3 to 5.3.8 inclusive of the Public Works Contract; and if he will make a statement on the matter. [45919/12]

Ruairi Quinn (Dublin South East, Labour)
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The guidance notes to which the Deputy refers were developed by my Department to provide assistance to the Employer's Representative and Design Team on issues relating to the pay and conditions of operatives working on school building projects. These guidance notes are for guidance only and do not form part of the Public Works Contract. The National Employment Rights Authority (NERA) is the statutory body established to monitor, inspect and enforce issues relating to employment rights compliance. My Department is not in a position to independently investigate allegations of non-compliance. Allegations should be referred to NERA or other statutory bodies established to investigate such matters.

My Department is however continually seeking ways of improving the effectiveness of the delivery of the school building programme particularly in the area of compliance. In this regard my Department has recently published a contract notice with the intention of establishing a drawdown framework for "pay and conditions audits". The intention is to improve existing processes for assessing potential risks and verifying compliance with regard to pay and conditions on school building projects. This framework will complement the work undertaken by the relevant statutory bodies. It is not intended to use this framework to investigate complaints by third parties. Such complaints should continue to be referred to the relevant statutory authority set up to investigate such complaints.

The Deputy will also be aware of recent reforms introduced by my colleague the Minister for Jobs, Enterprise and Innovation. A new Workplace Relations Customer Services section was recently set up on foot of an amalgamation of the information services previously provided by the National Employment Rights Authority's Contact Centre and the general enquiries areas of the Equality Tribunal, the Rights Commissioner Service and the Employment Appeals Tribunal. This section has responsibility for information provision in relation to employment, equality and IR rights and obligations, the receipt and registration of all complaints referred to the five Workplace Relations Bodies (namely the Labour Relations Commission, Equality Tribunal, National Employment Rights Authority, Employment Appeals Tribunal and Labour Court) and dealing with enquiries concerning all complaints.

Part of Minister Bruton's reform programme includes the Early Resolution Service (ERS). This new service envisages the provision of an early resolution service to employers and employees insofar as complaints and referrals for hearing and adjudication are concerned. This will involve an assessment of eligibility, engaging with the parties to the dispute, securing willingness by parties to participate on a voluntary basis in early resolution using a range of intervention tools including email and telephone communication. Cases which cannot be resolved by the Early Resolution Service within a target period will be referred to the Workplace Relations Customer Services for onward transmission to the relevant service with a view to progression to the relevant hearing or to inspection.

From 3rd January 2012 all complaints to the five Workplace Relations Bodies, have been channelled through Workplace Relations Customer Services, where they are registered, acknowledged and referred to the relevant adjudication body. The website for this new service is .